Defense Firm Boasts: “Minor’s Claims For Severe Brain Injury During Football Game Barred Because Claim Untimely!”

This is an actual post on a big name defense firm that represents school districts and other public entities: “Minor’s Claims For Severe Brain Injury During Football Game Barred Because Claim Untimely
A minor plaintiff sustained a severe brain injury during a tackling play in a high school sanctioned football game. The plaintiff failed to timely file a Claim for Damages, and thus petitioned the Court for relief from failure to timely file a Claim for Damages. The District successfully opposed the Petition, and the Court preemptively dismissed any future lawsuit against the District arising out of plaintiff’s injuries.”

While I was not involved in this case, I can tell from the information posted that the brain injured minor did not timely file a government claim within six months of the incident. The law treats a school district and many facilities that provide services, such as a public bus company or hospital, as government entities. So you must under the law file a claim within six months of the incident. If you fail to file within the allotted time you can then make a motion to file a late claim. Usually when such a motion is made for a minor within a year of the incident, it is approved. But as you can see by this defense firm post, the public entity will hire attorneys and argue against the judge allowing your child having the ability to file a “late claim.” So when you kid is hurt at school, or your mom is hurt on a bus or you are provided medical care at a hospital that malpractice, you should contact an attorney experienced in filing government claims and litigating these matters to protect your rights. You don’t want to be the poor person that the defense firm brags about “sticking it to” because you delayed in contacting a competent attorney.